Chapter 105
2012 -- S 2704 AS AMENDED
Enacted 05/25/12
A N A C T
RELATING TO
PUBLIC UTILITIES AND CARRIERS
Introduced By: Senator William A. Walaska
Date Introduced: March 06, 2012
It is enacted by the General
Assembly as follows:
SECTION 1. Section 39-3-40 of the General Laws in Chapter
39-3 entitled "Regulatory
Powers of
Administration" is hereby amended to read as follows:
39-3-40.
Storage, transportation and distribution of gas -- Regulation -- Penalties.
--
(a) In regulating the storage, transportation and
distribution of gas and the pressure under which
these operations may respectively be carried on, the
division of public utilities and carriers may
ascertain, determine and fix adequate and serviceable standards
for the measurement of quality,
pressure or other condition pertaining to the performing of
its service, or to the furnishing of its
product or commodity by any gas storage, transportation and
distribution facility, and prescribe
reasonable regulations for examination and testing of such
service, product or commodity.
(b) (1) Any person, firm or corporation who violates any provision
of any code adopted
by the division pertaining to the safety of pipeline
facilities and the transportation of gas, or of
any regulation or rule thereunder,
at a time when the division has submitted and has in effect the
annual certification to the
the Natural Gas Pipeline Safety Act of 1968, as amended,
(see section 1671 60101 et seq. of Title
49 of the United States Code), shall be subject to a
civil penalty penalties as specified in 49
U.S.C. section 60122(a), as amended not to exceed ten thousand dollars ($10,000) for
each
violation for each day that the violation persists; provided,
however, that the maximum civil
penalty shall not exceed five hundred thousand dollars
($500,000) for any related series of
violations.
(2) Any such penalty
shall be determined by the division. In determining the amount of
the penalty, the appropriateness of the penalty to the
size of the business of the person, firm or
corporation charged, the gravity of the violation, and the good
faith of the person, firm or
corporation charged in attempting to achieve compliance after
notification of a violation, shall be
considered. The amount of the penalty, where finally determined,
may be deducted from any
sums which the state may owe to the person, firm or
corporation charged or may be recovered in
a civil action commenced in the state courts.
SECTION 2. This act shall take effect upon passage.
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LC01918
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